West v. Talman
U.S. Circuit Court for the District of New Jersey
Motion to set aside the judgment by default • entered in this case and the habere facias pos- ¡ sessionem returned executed; upon the ground of irregularity in the service of the ejectment. It appeared by the affidavit of the service, that the declaration was served upon Mr. White, the landlord, who acknowledged the service, and promised to have it acknowledged by the tenant in possession, the defendant, which was not done.
Read the full summary
Motion to set aside the judgment by default • entered in this case and the habere facias pos- ¡ sessionem returned executed; upon the ground of irregularity in the service of the ejectment. It appeared by the affidavit of the service, that the declaration was served upon Mr. White, the landlord, who acknowledged the service, and promised to have it acknowledged by the tenant in possession, the defendant, which was not done. It appeared by the affidavit of the plaintiff’s attorney, that Mr. White, the landlord, had mortgaged the premises in question to one of the banks of this state, and that,…
1Opinion of the Court
BY THE COURT.
The court can notice no other party defendant in this cause but Tai-man, the tenant in possession; who was liable for the costs at least, although his term expired before the trial could take place. It was therefore essential to the regularity of the proceedings, that the declaration should have been served on the tenant in possession, although White, the landlord, might, upon motion, have been admitted a defendant. But the acknowledgment of the service by White, who was not a defendant in the action, was altogether irregular, and could not bind the tenant in possession.
Judgment,…
2Cited by1 opinion
- Cooper v. MattheysU.S. Circuit Court for the District of Eastern Pennsylvania · 1842